Bolingbrook Wrongful Death Lawyers

Top-Rated Fatal Accident Attorneys Serving Families in Bolingbrook and Will County

When a loved one dies because of someone else’s negligence, the grief is immediate. Unfortunately, the legal and financial questions can arrive almost as quickly. Families in Bolingbrook who lose a family member because of another’s wrongful act may be entitled to bring a wrongful death claim under Illinois law.

At John J. Malm & Associates, we understand that nothing is more devastating than losing a loved one because of someone else’s negligence. Our Bolingbrook wrongful death attorneys have decades of experience representing families in Will County and throughout Illinois who are facing this unimaginable loss. We combine compassionate guidance with aggressive advocacy to ensure that surviving family members are not left to shoulder financial burdens alone. Our firm has a proven record of holding negligent drivers, employers, healthcare providers, and corporations accountable, and we are committed to helping families secure the justice and compensation they deserve after losing a loved one.

“When a family loses someone through negligence, our first job is to handle the legal burden so the family can grieve. We investigate immediately, preserve evidence, and fight so survivors recover every dollar the law allows.” — John J. Malm, Bolingbrook fatal accident lawyer

Bolingbrook at a Glance

Bolingbrook is a suburban village in Will County (with parts in DuPage County) whose population is roughly in the mid-70,000s based on the most recent U.S. Census population estimates. Knowing the size of the community helps illustrate the scale and likelihood of traffic, workplace, and other fatal incidents that can give rise to wrongful death claims.

Traffic crashes remain one of the leading causes of preventable death in Bolingbrook and across Illinois, as statewide crash reports show hundreds of traffic fatalities annually, and the Illinois Department of Transportation documented nearly 300,000 crashes statewide in 2023. Fatal crashes remain a frequent source of wrongful death claims for families in Bolingbrook and neighboring Will County.

Will County’s Coroner’s Office reports and annual summaries demonstrate the range of “unnatural” deaths (a category that includes traffic fatalities, workplace fatalities, homicides, and other accidental deaths) that require investigation, which serves as an important local data point for families and lawyers evaluating potential claims.

What is a “Wrongful Death” Under Illinois law?

Under the Illinois Wrongful Death Act, a wrongful death claim exists when a person dies because of the “wrongful act, neglect, or default” of another, and that act would have entitled the injured person to sue had they survived. The statute permits an action for damages by certain beneficiaries and allows recovery of a range of losses resulting from the death. Importantly, recent statutory changes and court decisions have affected what damages may be available, including authorization for punitive damages in some circumstances.

Key legal points:

• The claim is statutory.
• The claim is brought on behalf of beneficiaries (surviving spouse, children, next of kin) who suffer pecuniary loss because of the decedent’s death. The statute and case law govern who qualifies and how damages are allocated.
• Illinois law now permits punitive damages in wrongful death and survival actions where the defendant’s conduct justifies them (subject to the usual standards for punitive awards).

Common Causes of Wrongful Death Claims in Bolingbrook

While wrongful death claims can arise from many different scenarios, the most common causes in suburban and metropolitan Illinois communities, like Bolingbrook, include:

• Motor vehicle collisions (including car crashes, pedestrian strikes, bicycle crashes, and commercial vehicle collisions). Motor vehicle traffic is consistently among the leading mechanisms of injury death statewide.
• Workplace fatalities: construction, industrial, and transport work fatalities may give rise to wrongful death claims in addition to potential workers’ compensation and OSHA issues. National and state labor statistics show hundreds of workplace fatalities in Illinois in recent years.
• Medical negligence: deaths resulting from surgical errors, delayed diagnosis, medication mistakes, or other health-care provider negligence can form the basis of wrongful death claims and related survival actions.
• Product defects/consumer goods: defective machinery, vehicles, or consumer products that cause fatal injuries can produce product liability wrongful death actions against manufacturers and distributors.

Who Can File a Bolingbrook Wrongful Death Claim?

Illinois law identifies particular beneficiaries who may bring an action. Generally, the surviving spouse and next of kin (children, and in specified circumstances other relatives) are the primary beneficiaries who may recover pecuniary damages. The court may also apportion recovery among multiple beneficiaries in an equitable way. The statute and case law explain how financial losses are calculated and split, including the treatment of dependent and independent survivors.

Practical note: If you are the personal representative of the decedent’s estate, you should notify an experienced Bolingbrook wrongful death attorney promptly, both to preserve evidence and to ensure timely filing, since Illinois imposes a two-year statute of limitations for most wrongful death actions (subject to limited tolling exceptions).

What Types of Damages are Available in Bolingbrook Wrongful Death Lawsuits?

In Illinois wrongful death actions, families can pursue a range of compensatory damages intended to compensate for the financial and non-economic effects of the loss. Common categories include:

• Economic losses: lost wages and future earnings, loss of benefits, medical and funeral expenses, value of services the decedent provided (e.g., household services), and other quantifiable financial losses.
• Non-economic losses: loss of companionship, mental anguish, grief, and the loss of guidance and consortium; juries traditionally award non-economic damages in wrongful death cases to reflect the emotional toll on survivors.
• Punitive damages: Illinois law now permits punitive damages in wrongful death and survival actions where the defendant’s conduct is sufficiently willful, wanton, or reckless to justify punishment and deterrence. There is no statutory cap on punitive damages in these actions, though constitutional and common-law limits still apply.

Because Illinois does not impose a general cap on compensatory damages in personal injury and wrongful death actions, juries (and judges on remittitur review) play a key role in fixing amounts, with a focus on proven economic loss and reasonable non-economic awards.

Timing and Procedural Deadlines

• Statute of limitations: Wrongful death claims in Illinois must generally be filed within two years from the date of death. Missing this deadline usually bars recovery, so prompt action is essential.
• Evidence preservation: For traffic collisions, workplace fatalities, and medical cases, key evidence (vehicle damage, surveillance video, incident reports, medical records) can disappear quickly. Bolingbrook fatal accident attorneys will often issue preservation notices and take immediate investigative steps.

How Wrongful Death Cases are Typically Proved

To succeed in a wrongful death case, plaintiffs must establish that the defendant’s wrongful act, neglect, or default caused the decedent’s death and that the survivors suffered compensable losses as a result. Common proof strategies include:

• Demonstrating the defendant’s negligence or intentional misconduct through police reports, accident reconstructions, eyewitness accounts, and expert testimony.
• Using medical records, autopsy reports, and coroner findings to link the defendant’s conduct to the decedent’s fatal injury or death. Will County Coroner reports and hospital records often play a key role in establishing cause and manner of death.
• Establishing the economic value of losses with wage records, tax returns, employer testimony, and expert vocational/earnings analyses.
• Proving non-economic harms with testimony from family members, mental health professionals, and life-care or household services experts when applicable.

Practical Steps You Should Take After a Loved One’s Fatal Accident

If your family has suffered a wrongful death in Bolingbrook, consider these immediate steps:

• Seek safe medical care and notify emergency and law enforcement personnel (if the death is due to an accident or suspicious circumstances).
• Preserve evidence if possible: keep records, photos, vehicle information, witness names and contact details, and any surveillance footage.
• Obtain the police report and request the coroner’s preliminary findings.
• Avoid posting detailed descriptions about the incident on social media.
• Contact an experienced Bolingbrook/Will County wrongful death attorney promptly to preserve claims and deadlines. Many firms offer free consultations and contingency fee arrangements so families can pursue claims without upfront legal fees.

Why Local Experience Matters

Local counsel who know Bolingbrook, Will County, and the region’s courts, medical providers, and investigative agencies can often move more quickly to preserve evidence and build a persuasive case. An attorney familiar with local coroners, hospital systems, transport carriers, and traffic patterns will be better equipped to:

• Obtain and interpret Will County coroner records, autopsy reports, and local police crash reconstructions.
• Work with local accident reconstruction experts and medical specialists who understand regional practice standards.
• Anticipate and respond to procedural issues, such as interactions with criminal prosecutions or workers’ compensation claims.

Frequently Asked Questions about Bolingbrook Wrongful Death Claims

Q: Who can recover in an Illinois wrongful death case?
A: The Wrongful Death Act allows certain beneficiaries, typically a surviving spouse and next of kin (children and, in specified circumstances, dependent relatives), to recover for pecuniary losses suffered because of the decedent’s death. Courts will apportion damages among multiple beneficiaries as required by statute and equity.

Q: How long do I have to sue after a death?
A: The statute of limitations for a wrongful death claim in Illinois is generally two years from the date of death. There are limited exceptions, so consult a Bolingbrook wrongful death attorney immediately to avoid losing your right to sue.

Q: Are punitive damages recoverable?
A: Yes. Illinois law has been amended to permit punitive damages in wrongful death and survival actions where the defendant’s conduct supports such an award. Punitive damages are intended to punish especially egregious conduct and to deter similar behavior.

Q: Will an insurance company pay my claim?
A: Insurance companies often evaluate wrongful death claims carefully and may make settlement offers. However, they will also try to limit payouts. Consulting a Bolingbrook lawyer experienced in wrongful death litigation will help you understand whether an offer is fair and whether further litigation is necessary.

Q: Do I need a lawyer right away?
A: Yes. Because evidence disappears and deadlines are short, early legal involvement is crucial. A lawyer will preserve evidence, coordinate with investigators and experts, and advise on interaction with law enforcement and insurers.

How John J. Malm & Associates Helps Families in Bolingbrook After a Fatal Accident

We handle wrongful death cases from investigation through trial if necessary. Our work typically includes:

• Immediate evidence preservation (notifications, subpoenas, evidence collection).
• Coordinating with investigators and local experts (accident reconstruction, medical experts, economists).
• Handling communications with law enforcement, coroners, and insurance companies to protect your legal rights.
• Filing claims in the appropriate Illinois courts and litigating to secure fair compensation for economic losses and the family’s emotional losses.

If your family has lost a loved one, you do not have to navigate this alone. We provide compassionate, prompt representation tailored to Bolingbrook and Will County families.

Contact the Dedicated Bolingbrook Wrongful Death Attorneys at John J. Malm & Associates

If your family has suffered the wrongful death of a loved one in Bolingbrook or the surrounding Will and DuPage County areas, you don’t have to face this journey alone. At John J. Malm & Associates, we will take on the legal burden, protect your family’s rights, and fight to hold those responsible accountable, while you focus on grieving and healing. Our team of compassionate Bolingbrook wrongful death lawyers is ready to investigate immediately, preserve crucial evidence, and pursue the full compensation your family is entitled to under Illinois law. Contact us today for a free, confidential consultation to learn how we can help you seek justice and secure a more stable future for your family.